Is Durham DA Mike Nifong Politically Motivated?

This is a partial transcript from "On the Record," June 26, 2006, that has been edited for clarity.

GRETA VAN SUSTEREN, HOST: Politically motivated? Is DA Mike Nifong holding on to the Duke lacrosse case to help him hold on to voters and is his plan backfiring? Let's bring back the legal panel.

Woody, before break I asked you to be ready to answer a question. What are the odds, do you think that both these candidates will be able to get the signatures to get on the ballot by Friday?

WOODY VANN, DURHAM DEFENSE ATTORNEY: I think in regard to Mr. Cheek, I think he's got a chance. I think the publicity of the case and his name recognition, you know, makes his situation a lot better. Normally, I would have said almost no chance for him and none for Mr. Monks. I think his likelihood of getting the 6,300 is minimal at best.

VAN SUSTEREN: Even though Monks is a Republican and can probably get the Republicans to sign on with him?

VANN: Well, it's not just signing on. It's a matter of getting to them, getting out, getting signatures and then getting those signatures qualified by our board of elections.

So, it's one thing to say "I'm going to go get 6,300 names from all the Republicans" but then going door-to-door tracking them down it's labor intensive a lot of times, and we're in a very short time frame to get it done, so I think it's unlikely.

VAN SUSTEREN: Ted, what do you think of Mike Nifong?

TED WILLIAMS, CRIMINAL DEFENSE ATTORNEY: You know, I think that he's a D.A. who is trying to do his job. Now, initially I talked about the political aspect of this alleged rape case down in Durham that he was somewhat catering to the black community I believe because he needed the black vote because there was someone black who was running against him in the primary.

But the more I look at Nifong the more I have respect for him and, you know, I think...

VAN SUSTEREN: Why? I mean why?

WILLIAMS: Well, because I don't see where he's done anything wrong in this Duke case. He's kept his mouth closed since he came out of the box.

VAN SUSTEREN: All right, let me give you a hypothetical.

WILLIAMS: Sure.

VAN SUSTEREN: Suppose that the accuser is not credible.

WILLIAMS: OK.

VAN SUSTEREN: Suppose that in investigating you find out the things she says happened just didn't happen and suppose you know that you've got a serious indictment hanging over three and you're not going to get to trial until next April and you know you can't win the case. What does a responsible prosecutor do at that point?

WILLIAMS: Well, let's take it one step up. Suppose the prosecutor knows that he has no evidence whatsoever to indict and he goes forward. I think this is someone that should, if he wins the election, should be recalled.

But, on the other hand, these are all supposing. Mike Nifong knows what he has. Hopefully, he has something to go forward on, Greta.

JIM HAMMER, FOX NEWS LEGAL ANALYST: I'm with Ted except one thing. I will fault him on one thing so far. In a case like this there was no reason to rush this indictment. The grand jury is such a great tool, not just for prosecutors and real victims but also to flush out cases so why not keep it open a couple more weeks and bring every witness in?

Having said that, Greta, there are a lot of strong allegations in this case about the D.A. If they're true, he should be run out of office. But, if they're false, we ought to go back to whether or not we got a real rape case on our hands.

VAN SUSTEREN: Jim, what compelling piece of information do you think Nifong has to keep this indictment going forward? All right, you laugh. No, I mean can I — you laugh.

HAMMER: Here's what I suspect. Here's what I suspect. None of us has looked this woman in the eye. This guy has, Greta, and that's not enough I'll tell you but I've looked victims in the eye and although they've made prior inconsistent statements because they were under the influence of something or frightened or recanting, I've looked a person in the eye and said "I believe this person." I would not prosecute a case unless I did.

VAN SUSTEREN: Except, OK, except for one thing.

HAMMER: I'm believing...

VAN SUSTEREN: I agree.

HAMMER: ...Nifong believes the woman.

VAN SUSTEREN: All right, I agree if you have any corroborating physical evidence, none. The medical reports don't back her up, none. The corroborating witness, no. You don't have that.

HAMMER: Greta, sometimes you don't have corroboration because people commit good crimes.

VAN SUSTEREN: And you have — and you have prior — well let me finish and you have prior instances which she has made claims of sexual assault. That's the problem — Bernie.

BERNIE GRIMM, CRIMINAL DEFENSE ATTORNEY: Yes, I mean to give our viewers an idea of Ted's barometer of respect — he respects Nifong. He also said during the break that he has, quote, unquote, "great respect for Bo Dietl. I wish I was like him" so there you go.

VAN SUSTEREN: Now he did not say that. He did not say that.

HAMMER: Ted, Ted.

GRIMM: We were talking to the producer and he said it.

VAN SUSTEREN: This is a hard break, come on. This is a serious question, serious question.

GRIMM: Nifong, I mean it doesn't matter to me. I actually believe that Nifong believes this woman. That's not the point.

VAN SUSTEREN: You believe that?

GRIMM: Nifong — I think Nifong believes her no matter how distorted it is. The question is can he convince a jury beyond a reasonable doubt? He can't.

VAN SUSTEREN: You really believe he believes her?

GRIMM: He would have to be believing it. That would be the only reason. But in terms of this election the funny thing is I want to see how many votes he gets because I want to get that list and get those people on the jury.

VAN SUSTEREN: All right, Woody, panel thank you.

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